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ORDINANCE NO. 99-0-12
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-2 (NEIGHBORHOOD BUSINESS
DISTRICT) TO MH-l (MOBILE HOME PARK DISTRICT)
FOR PROPERTY LOCATED AT THE CORNER OF WEST
PARK AVENUE AND CAROL ANN DRIVE; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEW ATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. John DaRe and Karen Rearden, contract purchasers, have submitted an application for a
change in zoning classification from B-2 (Neighborhood Business District) to MH-l (Mobile Home
Park District) for the property described below.
2. On March 31, 1999, the Local Planning Agency considered the application for change in
zoning classification and by a vote of 5-0 the Board recommended that the City Council approve the
request.
3. On May 3, 1999, the City Council considered on first reading the proposed change in the
zoning classification.
4. On May 17, 1999, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 6, 1999, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
own real property within 500 feet ofthe subject property.
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5. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
6. The proposed change in zoning classification is not contrary to the established land use
pattern.
7. The proposed change in zoning classification will not adversely impact public facilities.
8. Changed or changing conditions make the proposed amendment necessary.
9. The proposed change in zoning classification will not have an adverse effect on the natural
environment.
10. The proposed change will not have a negative effect on the character of the surrounding
area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from B-2
(Neighborhood Business District) to MH-1 (Mobile Home Park District):
A part of the East 886.7 feet of the West 1754 feet as measured on the
south line of Lot 37, and a part of the East 879.90 feet of the West
1679.90 feet of Lot 42, also that part of the platted Park Avenue lying
northerly of and adjacent to said Lot 37, and southerly of and adjacent
to said Lot 42, Assessor's Subdivision of the G. Alvarez Grant,
according to plat thereof recorded in Map Book 3, Page 137 of the
Public Records of Volusia County, Florida, all of the above lying
southerly of the existing Park Avenue, a 50 foot RIW as now laid out
and easterly of Carol Ann Drive, a 60 foot RIW as platted per Park
Avenue Estates, recorded in Map Book 34, Page 69 of the Public
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Records of Vol usia County, Florida and all being more particularly
described as follows:
As a point of reference commence at the southwest comer of the
Assessor's Subdivision of said G. Alvarez Grant, thence N 730 58'
06" E, along the south line of said Grant, a distance of 1754.00 feet;
thence N 230 08' 10" W, a distance of 306.58 feet for the POINT OF
BEGINNING; thence S 67000' 54" W, a distance of 150.00 feet to
the easterly RIW line of said Carol Ann Drive; thence N 230 08' 10"
W, along said easterly RIW, a distance of 31 0.00 feet to the southerly
line of said Park Avenue, a 50 foot R/W as now laid out; thence N
6r 00'54" E along said southerly RIW, a distance of 150.00 feet;
thence S 230 08' 10" E, a distance of 310.00 feet to the Point of
Beginning, excepting therefrom that part taken for the widening of
said Park Avenue per OR Book 3651, pages 1074 and 1075.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW ATER, FLORIDA.
The Planning Director is hereby authorized and directed to amend the Official Zoning Map
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extend of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
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circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Roberts and Second by Councilman Gornto, the vote on the
first reading of this ordinance held on May 3, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilman Gornto and Second by Councilwoman Lichter, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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Book: 5533
Page: 4320
Diane M. Hatosek
Volusia County, Clerk of Court
PASSED AND DULY ADOPTED this 17th day of May, 1999.
ATTEST:
-Susan J. NI dsworth
%. City, Clerk
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
RanA G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney